State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-500

§1‑500.  Restraining orders and injunctions in effect pending appeal;indemnifying bond.

Whenever a plaintiff shallappeal from a judgment rendered at chambers, or in session, either vacating arestraining order theretofore granted, or denying a perpetual injunction in anycase where such injunction is the principal relief sought by the plaintiff, andwhere it shall appear that vacating said restraining order or denying saidinjunction will enable the defendant to consummate the threatened act, soughtto be enjoined, before such appeal can be heard, so that the plaintiff willthereby be deprived of the benefits  of any judgment of the appellate division,reversing the judgment of the lower court, then in such case the originalrestraining order granted in the case shall in the discretion of the trialjudge be and  remain in full force and effect until said appeal shall befinally disposed of: Provided, the plaintiff shall forthwith execute anddeposit with the clerk a written undertaking with sufficient surety, approvedby the clerk or judge, in an amount to be fixed by the judge  to indemnify theparty enjoined against all loss, not exceeding an amount to be specified, whichhe may suffer on account of continuing such restraining order as aforesaid, inthe event that the judgment of the lower court is affirmed by the appellatedivision. (1921, c. 58; C.S., s. 858(a); 1969, c. 44, s. 12;1971, c. 381, s. 12.)